Section 22-25B-1 Definitions. For purposes of this chapter, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) ADEM. The Alabama Department of Environmental Management. (2) ADPH. The Alabama Department of Public Health. (3) CERTIFICATE OF ECONOMIC VIABILITY. The certification by the commission of the financial viability of a wastewater […]
Section 22-25B-10 Public right-of-way crossing. A certified wastewater management entity, with the approval of the governmental entities in control of the rights-of-way, may install and maintain sewer collection and effluent transport lines within public rights-of-way according to an engineered design and inspection, to comply with the Department of Transportation’s standards. The lines installation is limited […]
Section 22-25B-11 Civil action. In addition to any rights and remedies specified herein or otherwise provided by law, the PSC, ADEM, ADPH, district attorney, or the Attorney General, or any combination of these, may commence a civil action to enjoin a violation in the circuit court in whose jurisdiction which any threatened or continuing violation […]
Section 22-25B-12 Relation to other laws. (a) Except as specifically provided herein, this chapter is not intended to apply to small-flow cluster systems as defined in Section 22-25B-1 and is supplemental to all other laws and administrative rules and is not intended to repeal or replace any existing statute except to the extent that there […]
Section 22-25B-2 Exempted entities. The following entities shall not be certified or regulated by the commission, but shall be subject to all other requirements of this chapter: (1) Cooperatives transacting business in this state pursuant to Chapter 6 of Title 37 deemed to be general welfare cooperatives. (2) Municipalities and county governments and any public […]
Section 22-25B-3 Responsibilities of wastewater management entities. (a) No person, firm, corporation, or other legal entity shall operate as a wastewater management entity without full compliance with this chapter and rules promulgated hereunder. (b) Every cluster and community wastewater system shall be operated by a wastewater management entity as authorized under this chapter. Wastewater management […]
Section 22-25B-4 ADPH regulation of cluster wastewater systems. (a) Consistent with this chapter, the ADPH shall promulgate and enforce such rules as are necessary to regulate cluster wastewater systems and their wastewater management entities. Such rules may include, but may not be limited to, the following: (1) The permitting, design, installation, repair, modification, location, and […]
Section 22-25B-5 ADEM regulation of community wastewater systems. (a) Consistent with this chapter, ADEM shall promulgate and enforce rules as are necessary to regulate community wastewater systems and their wastewater management entities. Such rules may include, but may not be limited to, the following: (1) The permitting, design, installation, repair, modification, location, and operation requirements […]
Section 22-25B-6 PSC regulation of wastewater management entities. (a) The PSC shall promulgate and enforce such rules as are necessary to certify and monitor the economic viability of wastewater management entities. Such regulations may include, but may not be limited to, the following: (1) Financial viability requirements necessary to insure the long-term operation and maintenance […]
Section 22-25B-7 Fees and penalties. The costs of administering this chapter by the PSC, ADEM, and ADPH shall be funded from certification fees, permit fees, and regulatory fees paid by the wastewater management entities. All fees and revenue of any kind generated as a result of the operation of this chapter shall be deposited to […]
Section 22-25B-8 Advisory group. An advisory group shall be established to advise the appropriate regulatory agencies on construction/installation standards, hereafter known as the Advisory Group on Minimum Construction Standards, and shall be made up of the following members: (1) One representative appointed by the ADEM. (2) One representative appointed by the ADPH. (3) One representative […]
Section 22-25B-9 Wastewater system failure. (a) Upon the failure of a management entity to remediate any wastewater system failure within a reasonable time to protect the health and safety of the public or the environment as may be established by rules or orders of the State Board of Health or ADEM, upon the request of […]